1 / 20

Governance and Board

Governance and Board. Student Governor Induction 2014. What is the Students ’ Association?. The Association. Unincorporated Members ’ Association (UMA) Registered charity (SCO 19883) Governed by Board of Trustees (SAB). Unincorporated Members Asssociation – what does that mean?.

yoland
Download Presentation

Governance and Board

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Governance and Board Student Governor Induction 2014

  2. What is the Students’ Association?

  3. The Association • Unincorporated Members’ Association (UMA) • Registered charity (SCO 19883) • Governed by Board of Trustees (SAB)

  4. Unincorporated MembersAsssociation – what does that mean? Constituted of membership as a group Not corporate – i.e. not a ‘legal person’ Constitution is governing document Trustees act on a personal basis 56% of charities are UMAs (OSCR figures) including most Students Associations

  5. Registered Charity status • Tax-related benefits: eg VAT exemptions • But - also a question of image and purpose

  6. Regulation of SA Activities OSCR (2005 Act) University (Education Act 1994 part II) Other bodies: HSE, Licensing Board, Council, SIA, Inland Revenue, Home Office, etc.

  7. OSCR 2005 Act established Register of charities Rolling review – St A’s in first round ‘Charitable public benefit’ Approval required for changes Inquiries, directives, other action

  8. University Education Act Requires oversight of elections, ultra vires expenditure, affiliations, etc. Precise duties and powers specified locally (Memorandum of Understanding) Presence on SAB (Proctor, Director of Finance) Negotiation of block grant to support representation etc.(Quaestor)

  9. Trustee qualifications Disqualification: • Removed as trustee • Disqualified as a director • Bankruptcy • Offences of dishonesty Acting or allowing another to act as a trustee when they are not qualified is an offence. Penalties can include prison. A written statement must be given that you are qualified to act as a trustee.

  10. Nolan Principles Selflessness Integrity Objectivity Accountability Openness Honesty Leadership

  11. “Act with the care and diligence that it is reasonable to expect of a person who is managing the affairs of another person.” (2005 Act, section 66) Risk and duty of care Trustee Responsibilities: First Duty

  12. Trustee Responsibilities: General • As a trustee, always act in the interests of the charity • Do not put the interests of yourself or any other person or organisation above the interests of the charity • Seek in good faith to ensure that the charity acts in a manner consistent with its purposes (2005 Act, s.66)

  13. Trustee Responsibilities: control Overriding duty: ensure that trustees are in general control of the charity, especially financial control “Charity trustees are responsible for the charity and may not pass this responsibility onto anyone else as long as they remain a charity trustee “ The ‘shadow trustee’

  14. Trustee Responsibilities: specific duties Duty to ensure legal compliance Duty to seek advice Duty to ensure good governance - capability, qualification, succession planning, regular reviews, etc.

  15. Collective responsibility All charity trustees must take such steps as are reasonably practical to ensure: That any breach of trustee duties by any trustee is corrected and not repeated That any trustee who is in serious or repeated breach of duties is removed

  16. Conflicts of Interest “In circumstances capable of giving rise to a conflict of interest between the charity and any person responsible for the appointment of the charity trustee: • Put the interests of the charity before those of the other person; or • Where any other duty prevents the charity trustee from doing so, disclose the conflicting interest to the charity and refrain from participating in any deliberation or decision of the other trustees with respect to the matter in question”

  17. Remunerating trustees • Constitution must allow this • Remuneration agreement in writing - must be compliant with Act! • Duties must be specified and considered by all trustees • Minority of trustees remunerated • May be compelled to recover wrongful remuneration • ‘Connections’ of trustees also

  18. Documentation • Minutes of record • Accounts (audit, reporting standards) • Budget • Role/job descriptions (management structures)

  19. Board: Current membership Student President Director of Representation Director of Student Development and Activities Director of Events and Services Association Chair SSC Senior Officer SRC Senior Officer Non-student • Kevin Dunion (Chair, former Information Commissioner) • Fiona Bell (Solicitor) • Chris Marks (Former sabbatical, charity fundraiser) • Kevin Grainger (Local businessman) • Lorna Milne (Proctor) • Andy Goor (University Director of Finance)

  20. Governance Review • Leadership • Structure (subcommittees) • Strategic plan • Effectiveness • Internal relationships • External relationships • Financial goals

More Related